This debate between Guardian journalist Glenn Greenwald and New York's Jeffrey Toobin, both legal experts, is very enlightening and much worth watching. As those who know me may guess, I tend to side with Greenwald here...

By the way, since Pentagon Papers whistleblower Daniel Ellsberg is invoked in the above, please see what he had to say about Bradley Manning when I interviewed him in 2010, as I quoted him yesterday here. My entire 2010 Ellsberg interview (text transcript and audio), including more of his thoughts on Manning is posted here.

UPDATE 8/3/2012: Greenwald and Toobin returned for Round 2 on CNN. This time with New York Times investigative journalist James Risen as well. It didn't go any better for Toobin. Details, video here...

Follow @GreenNewsReport...

 


(Or use "Click here to listen..." link below.)

IN TODAY'S RADIO REPORT: President Obama smacks down Keystone XL jobs claims; EPA's McCarthy smacks down false choice of jobs vs. environment; Rand Paul and Chris Christie smack down each other; In Australia, winter is the new summer; 'Witches brew' of pesticides still killing bees; PLUS: Solar-powered battery breakthrough - but you'll never guess where it's being used ... All that and more in today's Green News Report!

Got comments, tips, love letters, hate mail? Drop us a line at GreenNews@BradBlog.com or right here at the comments link below. All GNRs are always archived at GreenNews.BradBlog.com.

IN 'GREEN NEWS EXTRA' (see links below): Can GMO oranges save FL industry?; Internal EPA Report reveals disputes over fracking, water; Sunken tar sands oil still threatening Kalamazoo River; BP Oil Spill: Halliburton pleads guilty to destroying evidence; Feds details JPMorgan's criminal electricity market manipulation; Legal battles over land rights, pipelines increase; Does Lake Michigan's record low mark start of new era for Great Lakes?; FL natural gas pipeline explodes; Cashmere boom threatens snow leopards ... PLUS: Sea level rise is 'locking in quickly' ... and much, MUCH more! ...

U.S. Army soldier Bradley Manning --- who, earlier this year, was found by the judge in his military trial to have have been illegally punished by the military for months during his captivity --- has just been found not guilty of aiding the enemy, the most serious charge filed against him.

The ruling on that point was predicted by "Pentagon Papers" whistleblower Dan Ellsberg during my KPFK/Pacifica Radio interview with him in late 2010, just after Manning had been fingered as the likely leaker of thousands of classified documents to Wikileaks.

While Manning was acquitted today of "aiding and abetting al-Qaida" --- an unprecedented charge in a leak case --- he may still face more than 100 years in prison for the other charges, including espionage and computer theft, for which the military judge just found him guilty. That, despite the government's "failure to demonstrate even one example of someone who was hurt" by Manning's leaks, as CNN's Jake Tapper just noted. Military convictions for sentences longer than a year receive an automatic appeal.

In January, the judge in the case, Army Col. Denise Lind, ruled that Manning's imprisonment, which included some nine months of solitary, often unclothed confinement for 23 hours a day in a windowless cell, had been "excessive in relation to legitimate government interests". At the time, rather than dismiss all charges as the defense had hoped, she reduced his potential life sentence by 122 days.

In an attempted plea bargain, Manning had confessed to many of the charges he was found guilty of today. Manning had admitted to having leaked reams of classified information to the media, including Iraq and Afghanistan war logs, diplomatic cables, and raw video of U.S. Apache helicopter gunships in 2007 gunning down 11 men in a public square in Iraq. Those killed in the attack included a Reuters journalist and his driver.

The government refused to bargain with the whistleblower, and tried him for aiding the enemy under the Espionage Act nonetheless.

In December of 2010, I discussed Manning's case with Ellsberg, who has some experience in this sort of thing. He seems to have nailed it in his prediction concerning the unfounded allegation that Manning committed treason by aiding the enemy, the most serious charge then alleged against Manning, and the one for which he was acquitted today.

As Ellsberg told me at the time...

• The text transcript and audio from my full December 1, 2010 interview with Daniel Ellsberg is posted here...

UPDATE: Here is the Transcript [PDF] of Manning's judge reading today's verdict on every count against him. Sentencing will take place at 9:30am ET tomorrow morning.

UPDATE 12:31pm PT: Here are a few very quick reactions to the Manning verdict, from ACLU and others, that are worth noting...

It's not only North Carolina which is passing extreme Rightwing laws and then slapping the cuffs on those meddlesome octogenarian war hero delinquents displaying the temerity to exercise their 1st Amendment rights in protest against them.

In Wisconsin, where demonstrators against far Right Republican Governor Scott Walker have been holding a protest sing-along in the state capitol building every single day, without incident, for over two years since the passage of a radical anti-union bill, police have begun to use a similar tactic.

Below is video of Tom and Joan Kemble, the 85- and 80-year old parents of journalist Rebecca Kemble of The Progressive, being hauled away for singing peacefully in the state Capitol last week. Read Kemble's full story here where she notes: "It was awkward to be part of the swarm of journalists crowding around my own parents as the police were closing in on them."

"When Mom was surrounded by cops who were handcuffing the woman next to her and Mom looked her in the eye singing the verse of We Shall Overcome that says, 'We are not afraid,' I burst into tears," writes Kemble. I must admit, so did I when watching the video.

"The courage, care for her friend and incredibly centered and peaceful defiance she showed in the face of the overblown police action was deeply moving," Kemble continued. "And when Mom and Dad were handcuffed and led downstairs singing the words, 'Walker won’t be governor, Walker won’t be governor, Walker won’t be governor someday,' my daughter’s heart swelled with pride."

"So far, seventy-nine Wisconsinites have been arrested and ticketed," at the "Solidarity Sing Along", reports WI native John Nichols at The Nation today, "from 85-year-olds to young moms with kids."

Seriously, what the hell have we come to in this country?!...

[Hat-tip Nicole Desautels Schulte at Facebook.]

UPDATE 8/1/2013: Joan and Tom Kemble were my guests on this week's BradCast. And they even sang for us! Listen here...

The Department of Justice (DoJ) will not idly remain on the sidelines as the GOP seeks to illegally game the electoral system in the wake of what U.S. Attorney General Eric Holder referred to as the "deeply disappointing and flawed" Supreme Court decision in Shelby County v. Holder.

That decision, which carved out the very heart of the Voting Rights Act of 1965 by finding unconstitutional the formula used to determine which jurisdictions with a long history of racial discrimination are required to "pre-clear" new election laws with the federal government before they can be enacted, has been a dramatic "setback", as Holder described it, to the voting rights movement, and has even proven to be a great leap forward for vote suppressors.

But, in a speech last week to the National Urban League Conference in Philadelphia, Holder signaled his intentions to fight back against the activist Court:

The DoJ then promptly filed a July 25, 2013 "Statement of Interest" in Perez v. Texas, a federal court case challenging the imposition of new Congressional redistricting maps in the wake of the Supreme Court's gutting of the Voting Rights Act, despite the fact that both the DoJ and a panel of federal judges nixed the same map last year after it was found to have been purposefully discriminatory just last year.

The DoJ argued in its filing last week that, because the evidence presented both in Perez and in Texas v. United States, revealed intentional violations of the 14th and 15th amendments in the redistricting schemes at issue, the court should impose a ten year preclearance requirement upon the State of Texas as an equitable remedy available pursuant to Section 3(c) of the VRA.

In short, while SCOTUS gutted the VRA's existing Section 4 formula for determining jurisdictions to be covered by Section 5 pre-clearance requirements, it left Section 3, which allows for jurisdictions to be added or "bailed in" to the list of those subject to preclearance intact. The DoJ now wants Texas added to the list of such jurisdictions.

It is of critical importance to note, however, that Holder's Urban League speech made clear that his intentions of pushing back were neither limited to Texas nor to Section 3.

"This is the Department’s first action to protect voting rights following the Shelby County decision, but it will not be our last," Holder vowed.

He then stated (emphasis added): "My colleagues and I are determined to use every tool at our disposal to stand against discrimination wherever it is found."

As observed by University of California Irvine Law Prof. Rick Hasen, Holder's pledge to have the DoJ "use whatever tools it has remaining in its arsenal to protect minority voting rights" is "a big deal."

It's a "big deal" not just because of the creative use of Section 3 in Perez, but also because the DoJ is joining a case originally brought "under Section 2 of the [VRA] to enforce the guarantees of the [14th & 15th] Amendments against racial discrimination in voting." The DoJ's actions here suggests that they are finally prepared to add the power and resources of the federal government to legal efforts to protect the right to vote that had been primarily made during the last election cycle by privately-funded, public interest groups like the ACLU and League of Women Voters...

Okay. He didn't use the word "bullshit". But, other than that, good news: At least we now know that Obama knows the jobs claims and gas price claims made by the Keystone XL pipeline proponents are bullshit.

Via The Hill...

So, "maybe 2,000 jobs during the construction of the pipeline...and then after that we’re talking about somewhere between 50 and 100 [chuckles] jobs in a economy of 150 million working people." Good to see the President's people actually allowed him to notice that very key point that has otherwise been allowed to become, until now, a key talking point for the fossil-fuel industry spokesmen that are Fox "News" and the Republicans (and too many Democrats.)

By way of comparison to reality, here are the kind of lies the Republican leadership are still telling about this. Rep. Eric Cantor lied to his brain-dead followers on his official House Majority Leader webpage just this past week by listing "Three Ways to Immediately Grow Jobs and Strengthen the Middle Class". His very first suggested "way" [emphasis added]...

"20,000 direct and 100,000 indirect jobs"? Really, Mr. Cantor? Because the independent Cornell Global Labor Institute report on this [PDF] finds that the data from the actual owners of the pipeline, TransCanada, seriously dispute that claim. "Based on the figures provided by TransCanada for the Canadian section of the pipeline," the report explains, "the new permanent US pipeline jobs in the US number as few as 50."

And, just to repeat the earlier point, Cantor isn't a Fox "News" anchor, he is the Republican Majority Leader in the U.S. House of Representatives. We're screwed.

[Hat-tip D.R. Tucker]

So this is what it's come to, North Carolina? Really?...

[Hat-tips @utbrp and @enmarshall.]

UPDATE 7/29/13: The arrestee seen above has now been identified, as 83-year old Robert Plummer, Jr. of Carthage NC. He is, according to We Act Radio, "a Korean War Vet who was one of the first African-American Navy UDT divers (AKA Frogmen, the precursors to the US Navy SEALs)."

When asked about his voting rights concerns in NC, as seen their video posted below, Plummer responds: "I am very despondent on that matter, because that's what I went to war for --- for protection of voting rights. And I can't see us going and saving democracy all over the world when our voting rights are being deteriorated right here in the United States."

He also says his arrest last week was not his first run in with the law. He says he was arrested on the Edmund Pettus bridge with Martin Luther King during the 1965 march for voting rights on Bloody Sunday in Selma, AL. Though, when asked for details by the reporter in the video, he demurred, saying, "I don't want to go back that far. I'm a young man!"

When asked if he was going to keep fighting for voting rights, he responded: "Most emphatically"...

UPDATE 7/30/2013: I've now spoken to Plummer, to invite him on to my radio show. Unfortunately, he has bible class tomorrow at his church, where he is a Deacon, and won't be able to join me. But he was an extraordinarily pleasant man, with a sharp sense of humor. He confirmed the information above, and added these thoughts during our conversation when I asked why he was willing to be arrested at the Capitol. His reply:

He also added, as he was looking up the phone number of his church for me on his iPad and his new "32gigabites iPhone", that he is "half way up to speed on what is going on," because, after all, he says, "I'm an old pirate, man."

Earlier this week, Joe Conason, Editor-in-Chief of The National Memo, tweeted out word that he would be interviewing Sen. Ron Wyden (D-OR). He was seeking questions for the Senator who has been a member of the Select Intelligence Committee since 2001, and among the most outspoken in his attempts to inform the public of the massive, out-of-control U.S. surveillance state. Wyden offered a detailed speech on this topic earlier this week, as Ernie Canning reported here and as I discussed on this week's BradCast.)

[DISCLOSURE: I contribute articles, from time to time, at National Memo.]

I sent a couple of questions to Conason via Twitter (here and here), and I'm happy to see that, during the course of his interview with Wyden on the surveillance issues, he asked those questions, almost verbatim --- particularly the first one, the answer to which became the basis for National Memo's headline to the interview: "Wyden: How We Forced the NSA to Curtail Email Spying Programs".

The news central to Wyden's answer --- at least it was news to me, since I missed this item if it has otherwise been reported before this --- is that, according to the Senator, "the Obama administration a few weeks ago said that they had closed the [email surveillance] program down for what they called operational reasons."

That would be very good news, if so, and along with this week's debate in the U.S. House, yet another apparent positive outcome to the disclosures of former NSA contractor Edward Snowden.

Here are my two specific questions and Conason's use of them in the interview, along with the answers provided by Wyden...

[This article now cross-published by Salon.]

Late Thursday night, the North Carolina state legislature approved a radical voter suppression bill on a party line vote. The measure, easily the most extreme anti-voter bill passed by any state since the Jim Crow Era, now heads to Republican Governor Pat McCrory for his signature. Court challenges, many of them, will most assuredly follow.

I discussed the Tar Heel State Republicans' horrendous voter suppression law as it moved through the state legislature earlier this week in an article focused on the public pushback against both it, and other radical laws being hurriedly enacted in the state while the Republicans hold veto-proof majorities in both chambers of the state house, as well as the Governorship there. It's the first time in 150 years that that has been the case, and the GOP is making all they can of it, voters be damned.

I also discussed the bill on this week's KPFK BradCast. But I want to highlight just how draconian this massive restriction on voting rights actually is in North Carolina, which, until the complete Republican takeover of the state government in 2012 (thanks to gerrymandering in 2010), had actually been a fairly progressive state by southeast standards, particularly in regard to voting laws.

In the wake of the U.S. Supreme Court's recent gutting of the important pre-clearance provision of the landmark Voting Rights Act --- the provision which had required states with histories of racial discrimination, like NC, to obtain federal approval before making any changes to voting laws --- NC and other states now "freed" from the yoke of not being able to discriminate, have been on a tear to pass discriminatory laws previously denied under the VRA.

NC has now done that in a way that no other state has yet even tried. They have, in essence, included in this bill every conceivable voter suppression tactic that has ever been dreamed up over the past decade by the Republican Party --- and then some.

UC Irvine election law professor Rick Hasen described the bill as "a nightmare for voting-rights advocates."

It includes draconian polling place Photo ID restrictions (despite any evidence of polling place impersonation in the state), shortens the early voting period and eliminates NC's very successful same-day voter registration program. "But," Hasen adds, "it’s also a laundry list of ways to make it harder for people to vote, and which cannot plausibly be justified on antifraud grounds."

Just take a look at the list of some of the other provisions including in this "nightmare" of an anti-democratic --- as well as anti-Democratic --- voter suppression bill...

Follow @GreenNewsReport...

 


(Or use "Click here to listen..." link below.)

IN TODAY'S RADIO REPORT: Another offshore drilling blowout in the Gulf; More tar sands oil spills in Alberta; Obama talks climate, clean energy and infrastructure; GOP just makes stuff up; Louisiana agency sues Big Oil over wetlands destruction; Young voters won't vote for climate change deniers; PLUS: Is the melting Arctic an "economic time bomb"? ... All that and more in today's Green News Report!

Got comments, tips, love letters, hate mail? Drop us a line at GreenNews@BradBlog.com or right here at the comments link below. All GNRs are always archived at GreenNews.BradBlog.com.

IN 'GREEN NEWS EXTRA' (see links below): Winter is the new summer in Australia; The new climate activists; Palo Alto switches 100% renewable energy; Frackfinder mapping tool needs your help; Obama admin caves to industry on fracking rules; Feds halt mining in designated solar zones; Buffet says coal in permanent decline; WA approves oil train export terminal; Reports on the death of Peak Oil are greatly exaggerated ... PLUS: NASA Video: This is your country in 2100 ... and much, MUCH more! ...

On this week's BradCast on KPFK/Pacifica Radio, we spent zero time on the royal baby or Anthony Weiner! You're welcome!

Instead, economic policy reporter/muckraker David Dayen joined me for a quick discussion about Obama's "big" economic speech at Knox College in IL on Wednesday afternoon; Then it was on to Sen. Ron Wyden's Tuesday warning about NSA "secret" surveillance laws (and we took a bunch of great listener phone calls along with it); We spent some time on the high-ranking Kentucky election official fraudsters convicted of 156 years but now ordered by an appellate court to receive a new trial and the massive voter suppression legislation moving its way through the North Carolina statehouse; and more!

It was a very lively show! Enjoy!

Download MP3 or listen online below [appx 58 mins]...

A bi-partisan amendment to the Department of Defense Appropriations bill sponsored by Reps. Justin Amash (R-MI) and former House Judiciary Chair John Conyers (D-MI), was defeated late today in the U.S. House of Representatives. The measure would have brought an abrupt halt to the NSA's warrantless blanket collection of Americans' telephone records. It failed by a narrow margin of 205 to 217.

The Amash-Conyers amendment represented the first Congressional challenge to the NSA's bulk collection of domestic phone records in the wake of recent disclosures by former NSA contractor Edward Snowden. The vote came just one day after a speech by Sen. Ron Wyden (D-OR), who has served on the the U.S. Senate Intelligence Committee since January 2001, in which he not only warned about the unlimited scope of the NSA's ever-expanding surveillance capabilities but the unnecessary development of a secret body of laws that, he argued, threatens to eradicate the very essence of democracy and accountability.

Ironically, NSA Director General Keith Alexander, did his best to underscore Wyden's warnings. Where the Obama administration and other members of both the Senate and House Intelligence Committee publicly lobbied against Amash-Conyers, Alexander scheduled "a last-minute, members-only briefing" to lobby against the measure behind closed doors.

Alexander, whom James Bamford, author of The Shadow Factor: The Ultra-Secret NSA from 9/11 to the Eavesdropping on America, has described as "the most powerful person that's ever existed in the American intelligence community," took pains to insure that his own efforts to privately lobby against this public bill be classified as "Top Secret," thereby precluding public consideration as to the reasons why publicly-elected officials might refuse to rein in unfettered access to the telephone records of millions of law-abiding Americans.

Rather than look at today's vote as a defeat, the ACLU's Michelle Richards told The Guardian's Spencer Ackerman that the vote's narrow margin reflects "a 'sea change' in how Congress views bulk surveillance," describing the bi-partisan debate on the House floor as "a great first step."

Guardian journalist Glenn Greenwald, who originally broke a number of the stories related to Snowden's disclosures, tweeted during the floor debate: "Edward Snowden did what he did to make everyone aware of all this, and to prompt precisely this debate. That was his motive." He also observed this irony, after the House Democratic leadership rallied against the amendment and the measure ultimately went down to narrow defeat: "A majority of Dems supported the Amash/Conyers amendment to defund NSA bulk spying - majority of GOP joined [with the White House]."

UPDATE 7/25/13: According to AP today, Congressional "Opponents of the National Security Agency's collection of hundreds of millions of Americans' phone records insist they will press ahead with their challenge to the surveillance program after a narrow defeat in the House"...

"If we do not seize this unique moment in our constitutional history to reform our surveillance laws and practices, we are all going to live to regret it," Sen. Ron Wyden (D-OR) warned during a lengthy but powerful speech before the Center for American Progress on Tuesday.

In his remarks, Wyden, who has served on the Senate Intelligence Committee since January 2001, left no room for anyone to doubt the liberating impact of the recent revelations by former NSA contractor Edward Snowden. For years, Wyden said, he had wanted to expose the extent to which the Executive Branch of our government and the leaders of the "intelligence community" had deceived the public about the NSA's domestic surveillance programs, but, due to Senate's rules in regard to classified material, he was "not even allowed to tap the truth out in Morse code."

That roadblock has been removed. "The disclosures by an NSA contractor lit the surveillance world on fire," Wyden told the assembled students, journalists and policy wonks yesterday. "Several provisions of secret law that were secret were no longer secret, and the American people were finally able to see some of the things we [he and Sen. Mark Udall (D-CO)] had been raising the alarm about for years."

That alarm centered not only on the unprecedented extent of the NSA's still-expanding, domestic surveillance capabilities but also, as he explained, on the unnecessary and dangerous, post-9/11 development of a secret system of laws that threatens to eradicate the very essence of democracy and accountability.

These provisions, he warned, allow "the Executive to secretly follow a secret interpretation of the law under the supervision of a secret, non-adversarial court and occasional secret Congressional hearings"...

Follow @GreenNewsReport...

 


(Or use "Click here to listen..." link below.)

IN TODAY'S RADIO REPORT: Deadly British heat wave; Deadly floods in India; US heat wave cuts power at nuclear plants; Radioactive water leaking from Fukushima; New EPA Administrator, new fights over fracking and emissions; PLUS: What could possibly go wrong?: Russia building floating nuclear power plants ... All that and more in today's Green News Report!

Got comments, tips, love letters, hate mail? Drop us a line at GreenNews@BradBlog.com or right here at the comments link below. All GNRs are always archived at GreenNews.BradBlog.com.

IN 'GREEN NEWS EXTRA' (see links below): Globally, June was 2nd hottest on record: NASA; US Algae Company Turns Sewage Into Biofuel; Alberta tar sands spills: no end in sight; Discounts mean electric car costs near zero; Melting glaciers around the world experiencing ‘Jokulhlaup’; Wildfires spread across warming Arctic boreal forest; Animal welfare activists sue to overturn 'Ag Gag' law... PLUS: 'Elysium': For the wealthy, climate-gated communities. For the rest of us, whatever is left ... and much, MUCH more! ...